Supreme Court Rules 1966 Needed for practical training PDF

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These are the Act and supporting documents that are necessary for the assignments. These also cover books by KVK Aiyar and Justice Parry....

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UNIT – 1 THE SUPREME COURT RULES, 1966 In exercise of the powers conferred by Article 145 of the Constitution, and all other powers enabling it in this behalf, the Supreme Court hereby makes, with the approval of the President, the following rules, namely “THE SUPREME COURT RULES, 1966”. These rules may be cited as the Supreme Court Rules, 1966.

Order I Important Definitions (2): 2. (a) ‘advocate’ means a person whose name is entered on the roll of advocates prepared and maintained by a State Bar Council under the Advocates Act, 1961 (25 of 1961). 2. (b) ‘advocate on record’ means an advocate who is entitled under these rules to act as well as to plead for a party in the Court. 2. (k) ‘judgment’ includes decree, order, sentence or determination of any Court, Tribunal, Judge or Judicial Officer. (2) (q) ‘Senior advocate’ means any advocate so designated under subsection (2) of section 16 of the Advocates Act, 1961 (25 of 1961), and all such advocates whose names were borne on the roll of the senior advocates of the Court immediately before the commencement of Chapter III of the Advocates Act, 1961.

ORDER X DOCUMENTS

1. The officers of the Court shall not receive any pleading, petition, affidavit or other document, except original exhibits and certified copies of public documents, unless it is fairly and legibly written, type-written or lithographed in double-line spacing, on one side of standard petition paper, demy-foolscape size, 1[or of the size of 29.7 cm x 21 cm], or paper which is ordinarily used in the High

Courts for the purpose. Copies filed for the use of the Courts shall be neat and legible, and shall be certified to be true copies by the advocate on record, or by the party in person, as the case may be. 2. No document in language other than English shall be used for the purpose

of

any proceedings before

the

Court, unless it is

accompanied by: (a) a translation agreed to by both parties; or (b) a translation certified to be true translation by a translator appointed by the Court; or (c) the said document is translated by a translator appointed or approved by the Court. Explanation: The provisions of this rule shall, so far as may be, apply also to a document in English of which a part is in a language other than English. 3. Every document required to be translated shall be translated by a translator appointed or approved by the Court: Provided that a translation agreed to by both parties, or certified to be a true translation by the translator appointed or approved by the Court, may be accepted. 4. Every translator shall, before acting, make an oath or affirmation that he will translate correctly and accurately all documents given to him for translation. 5. All plaints, petitions, applications and other documents shall be presented

by

the

plaintiff,

petitioner,

applicant,

appellant,

defendant or respondent in person or by his duly authorised agent or by an advocate on record duly appointed by him for the purpose: Provided that a party, who had been adjudged to be an indigent person for the purpose of the proceedings in the courts below, may present the document before the Judicial authority of the place where the said party resides, and the said Judicial authority after attesting the document and endorsing thereon under his seal and signature the date of presentation, shall

transmit

the

same

to

the

Court

by

registered

post,

acknowledgement due at the expense of the party concerned. The date of

presentation in this Court of the said document shall be deemed to be the date endorsed thereon by the said Judicial authority. 6. (1) All plaints, petitions, appeals or other documents shall be presented at the filing counter and shall, wherever necessary, be accompanied by the documents required under the rules of the Court to be filed along with the said plaint, petition, or appeal. Provided that a plaint, petition or appeal not presented at the filing counter by the petitioner or by his duly authorised Advocate-on-Record shall not ordinarily be accepted, unless as directed by the Chief Justice of India or a Judge nominated by the Chief Justice of India for this purpose. (2) On receipt of the document, the officer in-charge of the filing counter shall endorse on the document the date of receipt and enter the particulars of the said document in the register of daily filing and cause it to be sent to the department concerned for examination. If, on a scrutiny the document is found in order, it shall be duly registered and given a serial number of registration. (3) Where a document is found to be defective, the said document shall, after notice to the party filing the same, be placed before the Registrar. The Registrar may, by an order in writing, decline to receive the document if, in his opinion, the mandatory requirements of the rules are not satisfied. Where, however, the defect noticed is formal, the Registrar may allow the party to rectify the same in his presence; but, in other cases, he may require the party to obtain an order from the Court permitting the party to rectify the same and for this purpose may allow to the party concerned, such time as may be necessary but not exceeding twenty eight days in aggregate. (4) Where the party fails to take any steps for the removal of the defect within the time fixed for the same by the Registrar, the Registrar may, for reasons to be recorded in writing, decline to register the document. (5) Any party aggrieved by any order made by the Registrar under this Rule may, within fifteen days of the making of such order, appeal against it to the Judge in Chambers.

7. The Registrar may on an application by the party interested, order the return of a document filed in a suit, appeal or matter if the person applying there for delivers in the office a certified copy thereof to be substituted for the original. 8. (1) Except as otherwise provided by these rules or by any law for the time being in force, the Court-fees set out in the Third Schedule to these Rules shall be payable on the documents mentioned therein, and no document chargeable with a fee under the said Schedule shall be received or filed in the Registry unless the fee prescribed has been paid on it. No copy of a document shall be furnished to any person unless the fee prescribed there for has been paid. Provided, however, that no Court fees or process fee or copying fee shall be chargeable in respect of matters filed in this Court through the Supreme Court Legal Services Committee. (2) All fees referred to in sub-rule (1) shall be collected in Court fee stamp sold in Delhi in accordance with the provisions of the Court-Fees Act as in force in the Union Territory of Delhi. (3) No document chargeable with a Court-fee shall be acted upon in any proceedings in this Court until the stamp thereon has been cancelled. The officer receiving the document shall forthwith effect such cancellation by punching out the figure head so as to leave the amount designated on the stamp untouched and the part removed by punching shall be burnt or otherwise destroyed. (4) Whenever a question of the proper amount of the Court-fees payable is raised, the Registrar or the Taxing Officer of the Court shall decide such question before the document or the proceeding is acted upon in the Registry and whenever it is found that due to a bona fide mistake the Court-fee paid is insufficient the Registrar shall call upon the party concerned to make good the deficiency within such time as the Registrar may think reasonable but not exceeding three months in any case. (5) In case the deficiency in the Court-fee is made good within the time allowed, the date of the institution of the proceeding shall be deemed to be the date on which the proceeding was initially instituted.

(6) The Registrar may in a proper case on an application made by the party issue a certificate regarding any excess Court-fee paid under a mistake. 9. (1) The levy and collection of Court-fees under these rules shall be under the general superintendence of the Registrar of the Court who may be assisted in his supervision by the Assistant Registrars of the Court. (2) Where at any time during the course of the pendency of a suit, appeal or proceedings, or even after the conclusion of such a proceeding it appears to the Registrar or the Taxing Officer that through mistake or inadvertence, a document which ought to be stamped in a certain manner has been received and acted upon without its being stamped or that the Court-fee paid thereon initially was insufficient, the Registrar or the Taxing Officer shall record a declaration to that effect and determine the amount of deficiency in Court fee: Provided that no such declaration shall be made until the party liable to pay the Court-fee has had an opportunity of being heard. (3) When a declaration has been recorded under sub-rule (2) and if that relates to a matter pending before the Court the procedure prescribed by sub-rule (3) shall be followed; if it relates to the proceedings which have already been disposed of the Registrar shall, if the deficiency is not made good within three months of the declaration made, forward a requisition for the recovery of the same to the Central Government which shall recover the amount of such Court-fee from the person liable to pay the same as if it were an arrear of land revenue.

SPECIAL LEAVE PETITIONS: Special Leave Petitions (SLP) in India holds a prime place in the Judiciary of India, and has been provided as a "residual power" in the hands of Supreme Court of India to be exercised only in cases when any substantial question of law is involved, or gross injustice has been done. The Constitution of India under Article 136 vests the Supreme Court of India with a special power to grant special leave, to appeal against any

judgment or order or decree in any matter or cause, passed or made by any Court/tribunal in the territory of India. This is special power, bestowed upon the Supreme Court of India which is the Apex Court of the country, to grant leave to appeal against any judgment in case any substantial constitutional question of law is involved, or gross injustice has been done. "Special leave petition or SLP hold a prime place in the Indian judicial system. It provides the aggrieved party a special permission to be heard in Apex court in appeal against any judgment or order of any Court/tribunal in the territory of India. Special Leave petition or SLP can be presented under following circumstance: 

SLP can be filed against any judgment or decree or order of any High Court /tribunal in the territory of India.



Or, SLP can be filed in case the High court refuses to grant the certificate of fitness for appeal to Supreme Court of India.

Time frame within which SLP can be filed: 

SLP can be filed against any judgment of High Court within 90 days from the date of judgement.



Or SLP can be filed within 60 days against the order of the High Court refusing to grant the certificate of fitness for appeal to Supreme Court.

Who can file SLP: Any aggrieved party can file SLP against the judgment or order of refusal of grant of certificate. Contents of SLP: This petition is required to state all the facts that are necessary to enable the court to determine whether SLP ought to be granted or not. It is required to be signed by Advocate on record. The petition should also

contain statement that the petitioner has not filed any other petition in the High court. It should be accompanied by a certified copy of judgement appealed against and an affidavit by the petitioner verifying the same and should also be accompanied by all the documents that formed part of pleading in Lower court. The scope of power vested with the Supreme Court of India under Article 136: The constitution of India vest "discretionary power" in the Supreme Court of India. The Supreme Court of India may in its discretion be able to grant special leave to appeal from any judgment or decree or order in any matter or cause made or passed by any Court/tribunal in the territory of India. The Supreme Court of India may also refuse to grant the leave to appeal by exercising its discretion. An aggrieved party from the judgment or decree of high court cannot claim special leave to appeal as a right but it is privilege which the Supreme Court of India is vested with and this leave to appeal can be granted by it only. An aggrieved party can approach the Apex Court under Article 136 in case any constitutional or legal issue exists and which can be clarified by the Supreme Court of India. This can be heard as civil or Criminal appeal as the case may be.

THE SUPREME COURT RULES, 1966 1[NO. 28 IN THE SUPREME COURT OF INDIA [Order XVI, rule 4(1)(a)] CIVIL APPELLATE JURISDICTION SPECIALLEAVE PETITION (Under Article 136 of the Constitution of India) S.L.P. (Civil) No.................... of.............. BETWEEN

Position of parties In the Court / Tribunal from whose Order the petition arises

(A) (Here insert the name /names of the petitioner

In this Court

Petitioner / Respondent/ Appellant

Petitioner

Petitioner/ Respondent/ Appellant

Respondent

(B) (C) AND (D) (Here insert the name/ names of the Respondent (E) (F) To Hon’ble the Chief Justice of India and His Companion Judges of the Supreme Court of India. The Special Leave Petition of the Petitioner most respectfully showeth: 1. The petitioner / petitioners above named respectfully submits this petition seeking special leave to appeal against the judgment/order of (Here specify the Court / Tribunal against whose order the leave to appeal is sought for together with number of the case, date of the order and

nature of the order such as allowing or dismissing the matter or granting or refusing the interim order, etc.) 2. QUESTIONS OF LAW: The following questions of the law arise for consideration by this Hon’ble Court: (Here set out the questions of law arising for consideration precisely) 3. DECLARATION IN TERMS OF RULE 4(2): The petitioner states that no other petition seeking leave to appeal has been filed by him against the impugned judgment and order. 4. DECLARATION IN TERMS OF RULE 6: The petitioner states that no other petition SLP are true copies of the pleadings/documents which formed part of the records of the case in the Court / Tribunal below against whose order the leave to appeal is sought for in this petition. 5. GROUNDS: Leave to appeal is sought for on the following grounds. (Here specify the grounds precisely and clearly) 6. GROUNDS FOR INTERIM RELIEF: (Here specify briefly the grounds on which interim relief is sought for) 7. MAIN PRARYER: (Here set out the main prayer) 8. INTERIM RELIEF: (Here set out the interim prayer) Place: Advocate for the petitioner Date: Settled by: (Specify the name of the Advocate in case where the petition is settled by an advocate).

JAMMU AND KASHMIR HIGH COURT RULES, 1999

In exercise of the powers conferred by section 102 of the Constitution of Jammu and Kashmir read with section 67 of the Jammu and Kashmir

Constitution Act, 1996 (XIV of 1996), section 122 of the Code of Civil Procedure, Samvat 1977 (X of 1977), section 8 of the Jammu and Kashmir State Civil Courts Act, Samvat 1977 and Clause 26 of the Letters Patent (Jammu and Kashmir) and all other powers enabling it in this behalf, the High Court of Jammu and Kashmir with the previous approval of the Governor, has made the rules. These rules may be called the Jammu and Kashmir High Court Rules, 1999. These rules are treated as special laws and can be enforced," They shall apply to all proceedings and matters in the High Court commenced on and after the said date and shall also apply as far as may be practicable, to all proceedings taken on and after the said date in all cases and matters then pending in the High Court.

OFFICERS OF THE COURT

Rule 14 provides that the Registrar shall have the custody of the records of the Court and shall exercise other functions as are assigned to him by these Rules or may be assigned to him by the Chief Justice.

Rule 15 - Powers and functions of the Registrar: Powers of the Registrar - The powers of the Court in relation to the following matters under its original and extraordinary jurisdiction may be exercised by the Registrar: A. Judicial: (a) Civil: i.

To receive plaint, petition, appeal or any other application, issue notice or fix date for the filing of the written statement, or objections, Counter etc. in a proceeding under the original or extraordinary jurisdiction of the Court or as may be directed by the Court;

ii.

To transfer all suits for recovery of money to the competent subordinate courts;

iii.

Applications to amend the plaint, petition or subsequent proceedings where the amendment sought is formal. Where the plaint, petition or subsequent proceedings have not been placed before the court the Registrar may entertain and dispose of application for all types of amendments;

iv.

Applications

for

issuance

of

commissions

to

examine

witnesses; v. vi.

Attachment of property of absconding witnesses; Applications for leave of the Court to file a plaint when such leave is necessary;

vii.

Applications under Order 1Rule 8 (i) of the Code for leave to sue or defend on behalf of or for the "benefit of all having the same interest;

viii.

Applications for the admission or appointment of a next friend or guardian ad-litem of a minor or a person of unsound minor next friends or guardians ad-litem;

ix.

Applications for fresh summons or notice and for short date summons and notice;

x.

Applications for orders regarding issue of summons or notices and regarding service thereof;

xi.

Applications for orders for substituted service or summons or notice;

xii.

Applications for transmission of process for ser vice to another course;

xiii.

Applications for permission to withdraw any suit, petition or an application except public interest litigation;

xiv.

Application for leave to file further or additional written statements, objections, counter etc.;

xv.

Applications for return of documents under O. XIII Rule 9 (i) of the Code; and applications for return of exhibits;

xvi.

Applications

for

concerning

admission,

documents;

"orders

for

discovery

production

and

and

for

orders

inspection

of

xvii.

Applications for leave to deliver interrogatories; ,

xviii.

Applications for orders for the transmission of a decree with prescribed certificate, etc.;

xix.

Applications for the execution of a document or for the endorsement of a negotiable instrument under O. XXI Rule 34 of the Code;

xx.

Applications for examination of judgement debtors as to his property under O.XX. Rule 41 of the Code;

xxi.

Applications for discharge from custody for the non-payment of subsistence money;

xxii.

Applications falling under section 152 of the Code;

xxiii.

Application for leave under O. XXI, Rule 50, sub-rule (2) of the Code, except where liability is disputed;
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